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In a modern day struggle, reminiscent of the Biblical
encounter between David and Goliath, Your Hometown Newspapers --
publishers of Miami's Community Newspapers -- has won the opening
round in a battle over the use of the names "Community
News," "Community Newspaper" and "Community
Newspapers."
Miami-Dade County Circuit Judge Thomas S. Wilson has
ordered a temporary injunction against the local subsidiary of media
giant The Tribune Company.
Local companies owned by the Tribune Company include
the South Florida Newspaper Network, Sun-Sentinel, WBZL Channel 39, as
well as numerous other newspapers, radio and television stations
across the United States. According to recent published reports the
Tribune Company has over 30,000 employees and has sales of over $6
billion a year.
The injunction orders the South Florida Newspaper
Network to stop using the names "Community News,"
"Community Newspaper" and "Community Newspapers"
as the name of, or as a prominent part of the name or in the name of
the masthead of any newspaper published in a tabloid form, as a
stand-alone publication, containing primarily news and advertising of
a local nature and distributed free to the public in Miami-Dade
County.
Judge Wilson, in his five-page opinion, ruled after
considering extensive testimony, evidence and expert opinion, that
Your Hometown Newspapers -- owners of Miami's 12 Community Newspapers
-- has produced evidence to substantiate that it had a "clear and
legal right" to the names. His ruling said that "irreparable
harm will result" if the injunction were not issued.
Grant Miller, publisher of Community Newspapers,
expressed his satisfaction and a sense of vindication after reading
the order.
"We are very satisfied that Judge Wilson has
ruled in our favor and look forward to the next stage of the
trial," Miller said.
After reviewing the Judge Wilson decision, Michael
Miller, president of Your Hometown Newspapers, said "I recognize
that there was a lot of careful consideration that went into the order
and it left all of us at the newspaper with a great sense of pride on
our legal system which has on may occasions, some most recent, been so
maligned.
"We view this decision, the first stage in our
legal struggle, as a moral victory as well as a commercial victory
over what we perceived as a blatantly unfair misuse (or intentional
misuse) of a well established trade name. It is a name which has
acquired a secondary meaning by which our publications have become
known and identified throughout the Miami-Dade County."
A hearing to determine the amount of bond and steps
for implementing the temporary injunction is set for July 7.
Thereafter, legal proceedings will continue in Your Hometown
Newspapers efforts to seek to permanently enjoin the Tribune Company's
subsidiaries.
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